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Police Log - Ask a Cop

Answer: Two things should be considered before reading people their rights: whether the individual is in custody and what kind of questions law-enforcement officers plan to ask.

Miranda rights should be read when the person is in custody -- not necessarily under arrest -- and the questions are intended to solicit evidence against the individual.

If the purpose of the interrogation is not for evidence, there may be no need to read people their rights. Some basic exceptions include traffic stops, loitering and prowling, where police have to ask simple questions or allow people to explain what they are doing.